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Appeals committee: Decisions and Precedential Decisions

Pursuant to Government Code section 11425.60, and the board policy on Designating Precedential Decisions, CalSTRS is authorized to designate all or part of an administratively adjudicated decision as a Precedential Decision when the following criteria are met:

  1. The decision or part of the decision contains a significant legal or policy determination;
  2. The decision or part of the decision reflects a rule of general application; and
  3. The decision or part of the decision relates to a legal or policy issue that is likely to recur in the future.

Once a decision or part of a decision has been designated as a Precedential Decision, it is binding in future administrative adjudications unless CalSTRS rescinds the designation.

Precedential Decisions will be added to the Index of CalSTRS Precedential Decisions, which will be updated not less frequently than annually unless there have been no Precedential Decisions designated since the last update.

CalSTRS policy on designating Precedential Decisions 

Upon recommendation from the Assistant General Counsel, the CalSTRS Teachers’ Retirement Board Appeals Committee may designate an administratively adjudicated decision or part of an administratively adjudicated decision, adopted by the Appeals Committee pursuant to the standards set forth in the Administrative Procedures Act, as a Precedential Decision when the following criteria are met:

  1. The decision or part of the decision contains a significant legal or policy determination;
  2. The decision or part of the decision reflects a rule of general application; and
  3. The decision or part of the decision relates to a legal or policy issue that is likely to recur in the future.

After the Appeals Committee has designated a decision as a Precedential Decision, the following statement shall be attached to the bottom of the decision: “Pursuant to Government Code section 11425.60, this decision [or “the following part of this decision”] is designated as a Precedential Decision.” If only a portion of the decision is designated as a Precedential Decision, this statement should end with a colon and then specify which part is designated as a Precedential Decision.

The Precedential Decision shall be added to an index containing all of CalSTRS’ Precedential Decisions. This index shall be updated not less frequently that annually, unless there have been no Precedential Decisions designated since the last update. The index shall be made available to the public on the CalSTRS website and its availability shall be publicized annually in the California Notice Registry.

Once a decision or part of a decision has been designated as a Precedential Decision, it is binding in future administrative adjudications unless the Appeals Committee has rescinded the designation.

Appeals committee decisions and orders 

Pursuant to Government Code sections 11517 and 11519, Decisions and Orders of the Appeals Committee of the Teachers’ Retirement Board are filed immediately as a public record, and are available for public inspection and copying. If you would like to receive a copy of a Decision and Order, please contact CalSTRS Legal Services at 800-228-5453. Appeals Committee agendas and minutes, which include consideration of administrative decisions, can be found here.

Index of CalSTRS Precedential Decisions 

If you would like to receive a copy of a Precedential Decision, please contact CalSTRS Legal Services at 800-228-5453.

For accessible versions of files, contact ADACoordinator@CalSTRS.com.

 

In the Matter of the Statement of Issues Against: Walnut Creek School District.

Precedential Decision No. 19-02, effective December 5, 2019

 

In the Matter of the Statement of Issues Against: Stanislaus County Office of Education.

Precedential Decision No. 19-01, effective March 29, 2019

 

In the Matter of the Statement of Issues for Retirement Benefits (Disability Retirement Effective Date): Marc Bashara.

Precedential Decision No. 18-03, effective July 18, 2018

 

In the Matter of Request for an Entitlement to Lynne Lowe’s Defined Benefit Account, by Eugene Stisser.

Precedential Decision No. 18-02, effective February 9, 2018

 

In the Matter of the Statement of Issues Against: Barbara Pahre.

Precedential Decision No. 18-01, effective February 9, 2018

 

In the Matter of the Retirement Benefits of Margaret Deetz.

Precedential Decision No. 14-02, effective September 4, 2014

 

In the Matter of the CalSTRS’ Denial to Base One Year Final Compensation on Earnings for the Period of February 1, 2003 through January 31, 2004 of Michael Janvier.

Precedential Decision No. 14-01, effective June 5, 2014